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Attorney Fees Ruling

By ALM Staff | Law Journal Newsletters |
August 28, 2007

Copyright Infringement. The U.S. District Court for the Southern District of New York awarded attorney fees and costs to the defense in a suit that alleged the song 'Stand Up' by hip-hop artists Ludacris and Kanye West infringed the plaintiff's composition 'Straight Like That.' BMS Entertainment/Heat Music LLC v. Bridges, 04 Civ. 2584 (PKC). A jury found in favor of the defendants. In its attorney-fees ruling, the district court noted that the failure of plaintiffs' counsel to comply with court orders during the litigation 'was not a fleeting episode ' Moreover, the unwillingness of the plaintiff's expert to comply with requests from [plaintiffs' counsel Ernest] Savoy was, in substantial part, due to non-payment of the experts' fees, which may be fairly laid at the feet of the plaintiffs.'

In the Second Circuit, within which the Southern District resides, a 'presumptively reasonable fee' includes 'the reasonable hourly rate that a paying client would be willing to pay, taking all case specific variable[s] into account.' The Manhattan federal district court accepted that because 'Stand Up' was a major hit, it 'was, therefore, reasonable for the Bridges Defendants to hire experienced copyright counsel.'

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